Hamble v. Atchison, T. & S. F. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern. Division of the Southern District of California. The plaintiff in error brought an action in the court below to recover damages for personal injuries suffered by him as the result of a rear-end collision between two railway trains. The complaint alleged that the accident was occasioned by the negligence of the defendant in error in operating one of the trains.
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In Error to the Circuit Court of the United States for the Southern. Division of the Southern District of California. The plaintiff in error brought an action in the court below to recover damages for personal injuries suffered by him as the result of a rear-end collision between two railway trains. The complaint alleged that the accident was occasioned by the negligence of the defendant in error in operating one of the trains. The answer denied negligence, and alleged contributory negligence on the part of the plaintiff in error, and for a further defense alleged in substance that the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The record shows that the defendanfin error was in the joint use with the Southern Pacific Railroad Company of a portion of the latter’s track under a license, and that its trains were under the control and direction of the Southern Pacific Company. The trains that came into collision had started from Summit Station under the direction of the Southern Pacific Company’s train dispatcher at Bakersfield. It is to be admitted that a railroad company operating its trains over the road of another under a license to use the same, and subject to the direction of…
2Cases cited9 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Atwood v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1896
- Sullivan v. . Tioga R.R. Co.New York Court of Appeals · 1889
- Chicago, Rock Island & Pacific Railway Co. v. PostenSupreme Court of Kansas · 1898
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of Kansas · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Atchison, T. & S. F. Ry. Co. v. HambleCourt of Appeals for the Ninth Circuit · 1910